Witness Describes Dumervil’s Alleged Assault Incident

MIAMI (CBS4) – Police in Miami say Broncos defensive star Elvis Dumervil and a friend showed guns under their shirts to people in a car during a road rage dispute in city traffic.

Dumervil, 28, faces an aggravated assault charge in the case, but his agent and attorney say it’s likely charges will be dropped.

The incident happened on Saturday night in South Beach. The police report states that there was an argument involving Dumervil and his friend Andy Aguste, 27, and a married couple in another car. A man in the other car told police their car merged in front of a vehicle that was following the car Dumervil was in.

At that point there was a “lot of horn blowing by all vehicles and verbal threats/name calling.” The person in the car told police Aguste then walked up to the car, which was stuck in traffic, and yelled and displayed a gun under his shirt. Dumervil allegedly walked up to the car as well and displayed a gun under his shirt but didn’t say anything.

Elvis Dumervil, Andy Aguste (credit: Miami Beach Police)

A woman, Kristine Ramirez, who was allegedly threatened in the car said when she saw the gun she was in fear for her life. Witness Aretha Williams told CBS4 she saw Ramirez get out of her car and throw something at Dumervil’s car.

“So she flipped them off and then what she did, like I guess they kept honking and they were yelling, people were yelling out of the window. There was a guy in the car with her,” Williams said. “He opens his door, he got out and started yelling at them and the driver of the white Chevy, she threw something at him like bottle cap.

“The whole situation could have been avoided. It was stupid. Yeah, she flipped you off, this guy was running his mouth, but if you’re a professional athlete. Don’t put yourself in a stupid situation and end up where the police are involved.”

Police made the arrest while the two cars were still stuck in traffic. They said they found the guns Dumervil and Aguste allegedly displayed.

Dumervil’s attorney Harvey Steinberg told CBS4’s Vic Lombardi on Sunday that there wasn’t any assault. He said he expects Dumervil to be cleared of any wrongdoing as soon as authorities wrap up their investigation, which could take a couple weeks.

Dumervil’s agent Marty Magid said Dumervil is “a great person and a great individual.”

“No assault took place,” Magid told CBS4 on Sunday. “I think that once the investigation is complete, no charges will be filed.”

Dumervil bonded out of jail early Sunday morning. Lombardi reports that he is free to report to Training Camp in 10 days with the Broncos and his agent says he plans to attend.

The only way Dumervil would face a suspension would be if he is convicted of a crime, and even if it comes to that it still would need to go through the legal process. Lombardi reported that it’s highly doubtful Dumervil would miss any games this season.

The Broncos organization released a statement saying they are aware of the “very serious allegation.”

Dumervil was in trouble with the law one other time in the past. He was cited on Oct. 24, 2010, after an incident at the Broncos stadium. Dumervil allegedly forgot his player credential and wasn’t allowed into the stadium despite showing his driver’s license and he allegedly got in an altercation with a parking lot attendant. All charges were dismissed in the case shortly before it went to trial.

The Broncos are currently dealing with a suspension of a high profile player. D.J. Williams is expected the miss the team’s first six games for violating the leagues’ substance abuse policy.